1)CAPITAL CASES ARE FINISHED DURING THE DAY
(a)(Mishnah): Monetary cases must be started during the day....[Capital cases are started and finished during the day.]
(b)Question: What is the source of this?
(c)Answer (Rav Simi bar Chiya): "V'Hoka Osam la'Shem Neged ha'Shemesh."
(d)(Rav Chisda): "V'Hoka" means hanging. It says "v'Hokanum la'Shem b'Giv'as Sha'ul", and it says "va'Tikach... ha'Sak va'Tatehu" (the bodies were exposed, because they were hanging).
1.Also, it says "Kach Es Kol Roshei ha'Am."
2.Question: The people sinned (with the women of Midyan and served Ba'al Pe'or), and not the leaders!
3.Answer (Rav Yehudah): Hash-m told Moshe to set up many Batei Din to judge the sinners.
4.Question: What is the reason?
i.Suggestion: One Beis Din may judge only one capital case at a time.
ii.Rejection: It may not judge capital cases of different death penalties (or transgressions), but it may judge many similar cases (i.e. of the same transgression).
5.Answer: Involving many people in punishing the sinners would assuage Hash-m's anger at Yisrael.
2)WHEN MAY WE GIVE THE FINAL VERDICT IN CAPITAL CASES?
(a)(Mishnah): Capital cases can be finished on the same day for Zechus (and on the morrow for Chiyuv).
(b)Question: What is the source of this?
(c)Answer #1 (R. Chanina): "Mele'asi Mishpat Tzedek Yalin Bah v'Atah Meratzechim" (postponing the verdict until the morrow was good. Now they do not. This is like murder!)
(d)Answer #2 (Rava): "Ashru Chamutz" - support a judge (some texts - happy is a judge) who delays giving the verdict.
1.R. Chanina expounds, "Ashru Chamutz", but not Chometz (vinegar, i.e. do not help the thief to keep his theft).
(e)Question: How does Rava expound "Mele'asi Mishpat..."?
(f)Answer: He expounds like R. Elazar;
1.(R. Elazar): If Tzedakah is not given on the night after a fast (as is usual), rather the next day, it is like bloodshed - "...Tzedek Yalin Bah v'Atah Meratzechim."
2.This is only where they normally give bread and dates (for then, the poor expected to receive it, and did not prepare food to break the fast), but where they give money or grain, it is not a problem.
(g)(Mishnah): Therefore, we do not begin on Erev Shabbos (or Erev Yom Tov).
(h)Question: What is the reason?
(i)Answer: (If he is liable,) we would not be able to finish the case properly.
1.We cannot plan to finish on Erev Shabbos. If the majority are Mechayev, we need Halanas Din!
2.We cannot give the verdict and execute on the next day. Misas Beis Din does not override Shabbos!
3.We cannot execute right after Shabbos, for this is not "Neged ha'Shemesh" (during the day).
4.We cannot kill him on Sunday, for this delays his execution after the sentence!
5.We cannot finish judging on Sunday, lest the judges forget their reasoning!
i.Even though we write their words, we cannot write how each understood in his heart. This might be forgotten.
3)DOES MISAS BEIS DIN OVERRIDE SHABBOS?
(a)Question (Reish Lakish): A Kal va'Chomer should teach that burying a Mes Mitzvah overrides Shabbos!
1.Avodah (in the Mikdash, e.g. offering Korbanos of the Tzibur) overrides Shabbos, and burying a Mes Mitzvah overrides Avodah (as we now explain);
i.(Beraisa) Question: What do we learn from "l'Aviv... ul'Achoso Lo Yitama"?
ii.Answer - Suggestion: If someone (Tosfos; Rashi - the Kohen Gadol, who was a Nazir) was going to slaughter his Korban Pesach or circumcise his son, and he heard that a relative died, perhaps he should (engage in the burial and) become Tamei!
iii.Rejection: "Lo Yitama."
iv.Suggestion: Perhaps, just like he does not become Tamei for his sister, he does not become Tamei for a Mes Mitzvah!
v.Rejection: "Ul'Achoso" - for his sister he does not become Tamei, but he becomes Tamei for a Mes Mitzvah.
2.Since burying a Mes Mitzvah overrides Avodah (he will be unable to offer Korban Pesach), and Avodah overrides Shabbos, and all the more so burying a Mes Mitzvah should override Shabbos!
(b)Answer (R. Yochanan): Misas Beis Din disproves this, for it overrides Avodah, but it does not override Shabbos.
(c)Question (Reish Lakish): A Kal va'Chomer should teach that Misas Beis Din overrides Shabbos!
1.Avodah (in the Mikdash) overrides Shabbos, and Misas Beis Din overrides Avodah - "me'Im Mizbechi Tikachenu Lamus" (if a Kohen who is Chayav Misah wants to do Avodah, we do not allow him. We judge him immediately);
2.All the more so, Misas Beis Din should override Shabbos!
(d)Answer (Rava): Tana d'Vei R. Yishmael teaches that it does not.
(e)(Tana d'Vei R. Yishmael) Question: What do we learn from "Lo Seva'aru Esh b'Chol Moshevoseichem b'Yom ha'Shabbos"?
1.Objection: We know what it teaches! R. Yosi holds that it teaches that burning is only a Lav, and R. Noson holds that it separates the Melachos of Shabbos!
i.(Beraisa - R. Yosi): The Torah forbids all Melachos. It specifically forbids burning to teach that it is only a Lav, and one is not Chayav Misah for it;
ii.R. Noson says, it is taught by itself to separate the Melachos (to teach that one is liable for a single Melachah, and to obligate a Korban for every Melachah done b'Shogeg).
2.Correction (Rava): Tana d'Vei R. Yishmael asks why the Torah forbids burning "b'Chol Moshevoseichem" (in all your dwellings, i.e. even in Chutz la'Aretz);
i.Shabbos is an obligation on people (it does not depend on land). We know that such Mitzvos apply everywhere!
(f)Answer (a Talmid citing R. Yishmael) Suggestion: "...B'Ish Chet Mishpat Maves v'Humas" - perhaps one can be executed on a weekday or Shabbos!
1.Question: Surely it is forbidden on Shabbos - "Mechalaleha Mos Yumas" (killing is a Melachah)!
2.Answer: Perhaps that applies to Melachos other than Misas Beis Din.
3.Suggestion: Perhaps it includes Misas Beis Din, and "v'Humas" applies only on a weekday!
i.Suggestion: Or, perhaps "v'Humas" applies even on Shabbos!
(g)Conclusion: It says "Lo Seva'aru Esh b'Chol Moshevoseichem", and it says "l'Chukas Mishpat l'Doroseichem b'Chol Moshevoseichem." Just like 'Moshevos' in the latter verse refers to Beis Din, also in the former (i.e. it forbids burning in Beis Din to execute).
4)DOES MISAS BEIS DIN OVERRIDE AVODAH?
(a)Question (Abaye): Since Misas Beis Din does not override Shabbos, a Kal va'Chomer should teach that Misas Beis Din does not override Avodah!
1.Avodah overrides Shabbos, but Misas Beis Din does not override Shabbos. All the more so, Misas Beis Din does not override Avodah!
2.Question: It says "me'Im Mizbechi Tikachenu Lamus"!
3.Answer: That refers to a Korban Yachid, which does not override Shabbos (therefore, Misas Beis Din overrides it, but Misas Beis Din should not override a Korban Tzibur)!